THE INTER MOUNTAIN IS THE BEST PAPER
THE STATE FOR WIDE-AWAKE ADVERTISERS.
Butte Inter Mount/
vol. XXI. NO. 59
Cloudy Tonight, Tuesday.
BUTTE. MONTANA, TUESDAY EVENING. MAY 28. 1901.
Probably Showers.
PRICE FIVE CENTS
THE SUPREMEJJRTIS ADJOURNED
DID NOT FINISH UP ALL THE INSULAR CASES~THE PHILIPPINE
DIAMOND CASE AND THE "SECOND DOOLEY CASE" GO
OVER UNTIL NEXT TERM-SENATOR FQRAKER
TALKS ON THE DECISION. ________
(By Associated Press.)
Washington, May 228.—After a session
of three minutes today, the United States
supreme court adjourned until the sec
ond Monday in October. The brief ses
sion was devoted to the formal disposi
tion of motions.
The two remaining insular cases, ono
of them that of the 14 diamond rings
dealing with importations from the
Philippines, and the other known as the
"second Dooley case," involving the
question of exportations from the United
States to Porto Rico, failed to receive
attention today and they go over until
the next term.
The treasury officials discussed with
much Interest today the decisions of the
supreme court yesterday in the insu'Dr
cases, and the conclusion has been
HI i
SENATOR JAMES B. FORAKER. '
reached that nothing in those decisions
is conclusive upon the government to
change Its administration of the laws aa
to the Philippine islands, and therefore
duties will continue to be collected on
imports from those islands as heretofore,
until the court shall have decided specifi
cally that the islands are in the same
situation with respect to the Unit id
States as Porto Rico.
New York, May 28.—Senator J. B. For
aker made the fçllowing statement con
cerning the supreme court decision:
''In order that the decision may be
fully understood, it is necessary to bear
in mind that Porto Rico has passed
through two distinct periods that have
relation to these cases.
"In the first place, prior to the Span
ish-Amerlcan war, Porto Rico was a pro
vince of Spain, and as such, foreign ter
ritory in every sense of the word. The
Island remained foreign territory In a le
gal sense,notwithstandig our occupation
until the treaty of peace, when it ceased
to be foreign territory and became a pos
session or dependency of the United
States, but not a part of the United
States. Being a possession of the United
States it 'was then domestic territory.
"It is domestic territory still, but it un
derwent a further change In its legal con
nection with the United States when the
law providing a civil government and
the tariff duties for the support of the
same. Since April 2, 1900, it is territory
belonging to the United States, with re
spect to which United States congress
has enacted legislation fixinng the status
of its inhabitants, providing a govern
ment for them and providing also for the
necessary revenues to support the same.
Between the ratification of the treaty of
peace and this legislation of AprïT 12, 1900
it was territory of the United States with
respect to which congress had not exer
cised any power whatever.
"What the court directed was that,
while we were occupying Porto Rico
prior to the ratification of the treaty
of peace, it was foreign territory, and
our government was military, and aii
that was done was in the nature of a
military necessity and valid on this ac
count; that from and after the ratifica
tion of the treaty of peace It was no
longer foreign territory, hut domestic
DIDN'T KNOW IT WAS LOADED
Boer General Making Friends With a
British Lyddite Shea—A Ter
rible Explosion Resulted.
(By Associated Press.)
Pretoria, May 28.—The Boer general,
Shoman and his' daughter have been
killed and his wife and two others have
been badly injured by the explosion of a
shell.
General Shoman, his family and some
friends were examining a 4.7 lydite shell
territory within the meaning of our
tariff laws, according to which tariff
duties can be collected only on Imports
from foreign countries, and that conse
quently the duties collected on Imports
from Porto Rico after the ratification of
the treaty of peace and prior to April 12,
1900, when congress first legislated, were
illegally collected, however, not because
congress was not without constitutional
power to impose duties on importations
from orto Rico, but because during that
period congress had not so legislated. .
''The third proposition decided by the
court, and the one of supreme Import
ance, was that Porto. Rico, being a ter
ritory of the United States, Is not a part
of the United States, but only, territory
belonging to the United States, and that
it is therefore within the constitutional
power of congress to so legislate w-ith
respect to it, including the imposition
of tariff duties, as it may see fit, and
congress had so legislated on the 121 h
day of April, 1900, the provisions of that
law are valid and to be upheld and en
forced; in other words, the effect of the
decision is that the constitution doej
not follow the flag, and congress his
plenary power under the constitution to
govern our insular acquisitions accord
ing to our several necessities.
"The court goes even further and says
if there were no constitutional privi
leges investing congress with this power
it would nevertheless 'ex-necessitate*
have this power, since the states acting
in their statal capacity could not provide
the necessary legislation, and political
sovereignty can be exercised only by the
political department of the government.
"The decision is a complete vindica
tion of the position held by the repub
lican party with respect to the power of
congress to legislate for Porto Rico and
the Philippines, and settles it once and
for all that the United States is the
equal in this respect of-any other gov
ernment."
Solicitor General Richards made the
following statement containing his Inter
pretation of the Insular decision to-day:
"The question involved in these cases
was whether the cession of territory con
tained in the treaty of Paris made Porto
Rico and the Philippines an integral part
of the United States within the meaning
of that provision of the constitution re
quiring all duties, imposts and excises
to be uniform throughout the United
StateB. The court held the provision sim
ply made them domestic territory of the
United States subject to the full control
of congress, which control could be ex
ercised without reference to these limi
tations. The decision makes a distinc
tion between states of the union and ac
quired territory, holding that the provi
sion in question does npt apply to the
latter.
"It Is a distinct victory for the gov
ernment. It sustains the so-called insu
lar policy of the administration. The
government now has the sanction of the
supreme court for governing thèse isl
ands as their needs and interests may
require."
which they kept In the house as a cur
iosity, when the shell exploded, killing
the general on the spot and mortally
wounded his daughter, as well as severe
ly injuring his wife and two other per
sons.
General Schoman was a great Kruger
ite. He led ihe commando of Colesberg
and surrendered on the occupation of
Pretoria. He was afterwards captured
by the Boers and released when the Brit
ish occupied Pietersburg. Since that time
General Schoman has resided in Pretoria.
British Cruiser Stranded.
London, May 28.—The British third
class cruiser Pegasus Is stranded off
Grainesplt outside Shearness. Tugs have
failed to tow her off. She Is being light*
ened and, it Is hoped, she will float at the
next high tide.
ÂJiki&ii
MINERS AND LABOR
ONION READY FOR WORK.
44444444444444444444
* 4
4 By Associated Press.) 4
4 Denver, May 28.—The convention 4
4 of the Western Federation of 4
4. Miners will not do much business' 4
4 before to-morrow. All to-day will 4
4 be consumed In straightening out 4
4 the credentials and seating dele- 4
4 gates, reading the reports of of- 4
x flclals and apolntment of com- 4
4 mittees. ±
X Sixty-one delegates have been 4
4 seated at the convention of the 4
4 Western Labor Union, now in ses- 4
4 sion here. The convention has en- 4
4 dorsed the strike of the Lead, 4
4 South Dakota, retail clerks, who 4
4 are contending for 6 o'clock 4
4 closing. $
- 4
44444444444444444444
E
PRESIDENTIAL PARTY SPEEDING
THROUGH IOWA TODAY.
MRS. M'KINLEY RECOVERING
The Long Journey Proves Beneficial
to the Invalid—President Thanks
the Trainmen for the Care Which
They Gave Taeir Passengers—Flow
ers from the Children oi Omaha.
(By Associated Press.)
Council Bluffs, la., May 28.—The presi
dential train reached Omaha at 7:30
this morning. A cheer went up from the
crowd assembled at the station as the
president appeared on the rear platform
of his car.
A large bouquet of American Beauty
roses, the gift of the school children of
Omaha to Mrs. McKinley, was presented
to the president. The president shook
hands with several hundred people as
they filed by the platform of his car.
Mrs. McKinley had a comfortable night
and shows a distinct gain in strength.
The president is much encouraged by the
improvement in her condition.
Before leaving Omaha the president
sent for the engineer and train crew who
had brought the train from Ogden and
personally thanked them for the pleasant
run over the Union Pacific.
A short stop was made at Council
Bluffs where the train passed to the
tracks of the Chicago & Northwestern.
HERMANS LEAVE
FORCED OUT OF PEKIN BY THE
OTHER POWERS.
LEAD BY RUSSIA AND AMERICA
Financial Settlement Ardently Desired
by the Czar—France Will Support
Him, and America Is Already
Fledged to Peace—The Kaiser Must
Follow Their Suit.
New York, May 2S.—A Herald dispatch
from St. Petersburg says:
Germany's tardy and reluctant with
drawal of her troops and ships from
China is looked upon here as a solution
of the idea put forward nine months
ago by Russia and America. This
withdrawal is forced upon Germany by
the action of the other powers.
Diplomacy, radiating from St. Peters
burg, is now making every effort to
effect a settlement of the financial as
pect of the Chinese problem. Russia
favors a guaranteed loan. There are In
dications that France will join her will
ingly, and Germany will assent because
she sees no other way out of the diffi
culty.
A dispatch to the Cologne Guette,
under date of May 26, says the with
drawal of marines to Sing Tau has been
begun, and the German quarter of Pekin
has been handed over to the Chinese
as an experiment for a fortnight.
CR0KER T AKES A VACATION
Mysterious Movements of the Tam
many Chieftain—May Have Sailed
for America.
(By Associated Press.)
New York, May 28.—A dispatch to the
Tribune from London says:
A great mystery ie made at Moat
house of Mr. Croker's absence. He la
reported to have left home on Saturday
for a fortnight's enjoyment of the races,
but the protestations were so emphatic
that the villagers suspect that he had
sailed for America on he St. Louis. He
had several horses enteredTor the Hurst
Park races, where two of them were
placed Monday.
Boers Miss Their Horses.
(By Associated Press.)
Cape Town, May 27.— The dash' of
Kritzinger's Invaders of Cape. Colony to
the south wu check at Vandoesberg
by the swift movement of Gorringe'a amt'
other columns. The Invaders; finding
tbelr way barred, swerved to the north*
east toward Cloethe. The continued capl
ture of horses by the British is apprel
ciably impaling the Boers' mobility. '.
SHERIFF
SUMMERS' SLAYEP ( %
NOW ON WLL FOR MURDER
Q
<@>
i /
JOHN
WOLFF
'jr-.-vx
ML
/
JAHE5 .SUMMERS
<v
LV 1
(Special to Inter Mountain.)
Dillon, May 28.—Trial of young Wolff,
murderer of Sheriff James Summers, was
resumed this morning, and will go to the
Jury some time this evening. Almut 10
Wit nesses have already been examined.
Those who have observed the proceed- f
In ;s tints far are confident that the jury
rwill convict the accused.
. There were no eye witnesses to the cir
icimistances leading up to the crime for
which Wolff is being tried. Wolff, who
had come front Wisconsin two years ago,
squatted on a piece of ground in the up
,'pci Madison, lived the life of a cowboy
at I broncho buster. He succeeded in
giMing hold of a small bunch of horses,
which he ranged near his place. The lo
cality where he had settled is occupied
mostly by sheepmen, who began to miss
various articles from their cabins. Fin
ally J. E. Johnson, one of the sheep
STARVED AT SEA
FORTO RICAN EMIGRANTS TO THE
HAWAIIAN ISLANDS.
MANY INVALIDS ON ARRIVAL
Nome of Them Were Already Broken
Down by Lack of Food in Their Old
Home—Have to Be Fed and Fattened
Up Before They Can Be Moved
to Plantations and Go to Work.
Honolulu, May 18, via Sann Francisco,
May 28.—Inspection of the Porto Rican
hn migrants brought here by the steamer
Colon shows that they are in such state
•f need of food on their voyage that they
Aust be held at the quarantine station
find fed until they regain strength suf
Nclent to enable them to bear the jour
ney to other islands and to the planta
tions on which they will work.
, A joint committee of the legislature
yesterday paid a visit to quarantine is
land, to inspect the Immigrants. The
|rip of the legislators resulted In dis
agreement as to the condition of the im
'■»grants and their value as citizens of
Hawaii. The three senators who were
qn the committee have made an unani
mous report to the effect that the Porto
Hi-o immigrants are all right, but tho
men, swore out a warrant for Wolff's
arrest, and Sheriff Summers was sent to
make the arrest.
He reached the cabin on January 25,
and, not finding Wolff at home, went in
and found part of the property that was
alleged to be stolen. Johnson, who had
been with Summers, left him, while the
sheriff started down the valley to in
quire of a sheep herder as to the where
abouts of Wolff. Johnson had gone but
a little ways when he heard a rille shot,
and turned around Just in time to see
Summers reel and fall. Not stopping to
Investigate, he rode with all speed to En
nis. where the alarm was spread.
Posses were organized within a few
hours and the country scoureu for tracer
of the murderer. It was not until the
next day that word came of the fugitive.
He had stopped for the night at the En
nis ranch, nearly 40 miles from the scene
rest of the committee will likely present
a report severely denouncing the planters
for bringing the Porto Ricans here, and
on account of ill-treatment of them pre
vious to their arrival.
A number of them were infirm while
all were more or less emaciated. This is
attributed to lack of food in their old
homes. Some of those who came will
never be able to work and it is said the
planters will secure a representative to
act for than, in Porto Rico and see that
no more invalids are sent here at such
expensive prices.
The question of educating the children
at the expense of the territory is a ser
ious one, while the health of the major
ity is far from satisfactory.
A NEW DAY'S RECORD
FOR COFFEE RECEIPTS.
444444444444x4444
4 .
4
4 By Associated Press.) 4
4 New York. May 28.—Receipts of 4
4 coffee yesterday were a record 4
4 breaker at this port as well as in 4
4 New Orleans, 18,500 bags, the 4
4 largest receipts in any one day. 4
4 being the record. 4
4 Two large Interests are opposing 4
4 each other and forcing th» re- 4
4 ceipts, the object on one side tie- X
4 ing to bear the market. 4
4 Higher prices, the hulls state, 4
4 will soon come about, as plant- 4
4 ers will curtail production owing -4
4 to the small anl unre«jn.»c.Ml;vi 4
4 prices tow rta'-Ued. 4
4 4
44444444444444444444
of the killing, and was coatless and hat
less, but still had his rille. Learning that
he was wanted for the murder, the ranch
men told where he might be found. amj
he was surrounded by four of the trailers
who found him where he had passed the
night in a hay stack. He made no re
sistance.
There was every reason to believe that
Wolff would be lynched if the crowd got
a fair chance at him on his way to jail
at Madison county, and it was only by
clever work on the part of the officers
that he was smuggled to safety. He took
a change of venue from Madison to
Beaverhead county, and the trial is now
on at Dillon.
Wolff was only a boy of 18. He was
born in Germany and came to Montana
with George Palmer, who is now in the
penitentiary on a 15-year sentence for
a despicable crime.
DUE DEALERS
--W.1ISI3 BEFORE GRAND JURY
FOR MALPRACTICE.
THEIR PATIENTS WOULD DIE
Faith Not a Sure Cure—The Cour
Will Pass on Whether It is a Het
in g Art, and Entitled to Legal Pr
tection—Two More Deaths Are La
at Zion's Door.
Chicago May 28.—This afternoon th«
grand jury will take up the euse of
John Alexander Dow ie. Deacon Judd and
the other members of Zion, held by the
coroners jury for the death of Mrs.
Judd .and will hear testimony continu
ously every afternoon during the week,
if necessary, until a decision is reached.
All the witnesses who testified before
the coroner's jury will be subpoenaed,
and Dr. Ludwig Heakler will appear and
give his evidence.
Another death of a Zionlte occurred
last evening at the residence of Dea
coness Bratsch, one of the women held
with the Jujdd case. The victim's name
was William Steele. He came here suf
fering from consumption and applied for
admission to Zion home last week. The
P' lice is investigating the death, and
in,miring int« the circumstances under
which a certificat» was issued by a doc
tor.